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(영문) 대전지방법원논산지원 2015.01.15 2014가단4692

이행보증금반환 등

Text

1. The Defendants’ respective Plaintiff KRW 50,000,000 per annum from October 24, 2013 to November 3, 2014, respectively.

Reasons

1. Indication of claim;

A. The Plaintiff: (a) from Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) Defendant C, Defendant C (“Defendant Co., Ltd”; (b) “The Plaintiff would re-contract the Plaintiff with the work of removing speach trees and roots since the Defendant Co., Ltd contracted for the work of producing earth and sand among the work of creating Taean Enterprise City; and (c) drafted a written contract for the work of removing speach trees and roots on October 23, 2013; and (d) remitted KRW 50,000,000 to Defendant D’s account at

However, the defendant company did not have contracted the above soil production work, and there was no intention or ability to recontract the above soil production work and the removal of ppuri.

B. Ultimately, the Defendants jointly deceiving the Plaintiff and received KRW 50,000,000 from the Plaintiff as performance guarantee money. Accordingly, the Defendants are obligated to pay to each Plaintiff the damages for delay calculated at the rate of 50,000,000 per annum as stipulated in the Civil Act from October 24, 2013 to November 3, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);